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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Help needed.Please note that I am desilexic. I have

Customer Question

Help needed. Please note that I am desilexic. I have a writing and comprehension problem. Sometimes get lost in what i am trying too put forward. Here goes I have a photographic business in London. My business is comprised of*****arches, two of the arches are used fro photograhics and third as a workshop. As part of my business I set up a canteen that could facility the preparation of foods for my clients. For This part of the business I got in a Individual to help with this part a preparing food and suppling of food, he intern could then also suppling to the public the odd sandwich and coffee. We had an agreement which started in March of this year, which my father had help set out, Unfortunately it was not as sound as I thought it was. My goal is to have this individual removed from my premises. How is the question? I receive 25 % of his profits. In the beginning all was ok until a month or 2 in when we noticed the that there where some additional accounting costs that had been adding in for the months of january and feburay. Based on our findings we found that the accounts had been manipulated. At this point I wrote and informed the individual that the the agreement between the 2 of us had been cancel. I then received a response where he denied any wrong doing and that he would not leave. It has carried on like this over the past 6 months. Part of the agreement was that he paid me by the 10th of each month. He was late on 5 of the occasion. Again I wrote and informed him that he was i breach of our agreement, which then again disputed. To cap everything off i am entitled to audit his books. On supplying the information to my account it was wound that the business owner has not conducted his business in accordance with HMRC rules. According to the audit HMRC laws, any business within the catering field needs to run a PAYE system. This has not happened. The individuals employees invoice him and he pays them. He has not deducted Taxes or National Insurance nor has he paid his part of there employers Ni. ON requesting the invoice for his staff it has come to light that this individual could have generated the invoices on behalf of his staff. What i found weird was that his company registration number appeared on there invoices and all of the invoice are identical. I Wrote to the individual asking him to supply me in writing that his business practise was legal, to this i have not received a reply. My last letter to him goes as such. This was curtisy letter to him as him to verify the imformstion before sending it the HMRC Dear Sirs Re XXXX XXXXX XXXXXXX, trading as the Tuck Shop, located at the XXXXXX XXX-XXX XXXXXXX XXXXX , XXXXXXX As part of my studio business I make some space available to the Tuck shop to supply our clients with catering and coffee facilities. The understanding with the operator of the Tuck Shop, Mr. Magnus XXXX, is that he runs this business independent from my business and as such he does his own accounts. I am entitled to audit his books in order to establish the monthly amount he pays me for the space used. This understanding with Mr. XXXX started on the 1st March 2014. Recently we obtained information for the first audit. Mr. XXXX’s practice is to let all his staff invoice him for their labour and he pays them according to this invoice. My accountant Mr. S N Bartarya has queried this practice as he is of the opinion that this does not meet with HMRC requirements for PAYE. I wrote to Mr. XXXX and asked him to get for me in writing from his accountant, Mr. Barry XXXXXXXXXXX of Moose Accountants, the necessary assurances that this practice of paying his full time staff is within your regulations. Although I requested this information by a certain date, I did not receive it. I would appreciate it if you could let me have your ruling on the legality of the above practice. Copies of invoices are included for your perusal. After his I received a letter which unfortunately is to long to submit. The just is that he claims that i could be in breach under the DATA protection act for supply his information. AT this point i have not supplied any therefore I can not be in breach. So if this individual is in breach and has committed fraud where do i stand HOW do i get his individual removed for my premises as he is jeopardising my contract with Transport For London. TFL. His business partner is a lawyer so he is getting sound advise. I have much more information than I can possibly write. What steps do i ned to take in order to remove this individual from my Premises. Can i simply remove him from my property?

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Hi Nicola

Sorry for late reply, Yes I am happy to wait. I know it is not the easiest

of question to answer so if you can find someone that would be great.

This is an ongoing thing and I am trying to get as much information as possible, I need to have all the fact to hand.

Let see what does materials over the next few days.

Please keep me updated.

Barend

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
I will be away for two days from tomorrow but will send your question out to all Professionals directly and will check in then.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi Nicola

Could you please advise on the situation of my request.

As there has been no response, I have gathered that there is no one that

can deal with my issues.

I have had to continue myself.

Please advise what happens next.

Many thanks Barend

Expert:  Nicola-mod replied 2 years ago.
Hello Barend,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Hi Nicola

I understand. Please close the cast.

Many thanks for your efforts.

Barend